(a)

Scope and purposes. This section applies to the Waterfront Industrial Overlay District (WIOD). The purposes of the WIOD are:

(1)

To promote economic development in the Waterfront (W) and Airport Related Overlay Districts (AROD);

(2)

To enhance the working waterfront;

(3)

To preserve adequate areas for deepwater shipping and other water dependent industrial uses consistent with the state policy on designated port areas (DPAs);

(4)

To allow compatible commercial and general industrial supporting uses in the Waterfront District;

(5)

To provide for continuous public access along the water's edge, as appropriate, to, from and within the Chelsea Creek DPA;

(6)

To prevent soil and groundwater pollution and to encourage appropriate interim uses consistent with necessary cleanups; and

(7)

To allow certain commercial, general industrial and water-dependent industrial uses by special permit to ensure more effective environmental protection.

(b)

Underlying uses.

(1)

Uses currently prohibited in the underlying districts shall not be allowed in the WIOD, except for airport related uses within the Airport Related Overlay District in accordance with section 34-180(c) and except as provided below.

(2)

Uses currently allowed as of right, or by special permit, or uses subject to site plan approval, within the underlying districts, provided that:

a.

Principal uses which occupy a gross floor area and outside intensive use area totaling 30,000 square feet or more are subject to site plan approval pursuant to section 34-215; and

b.

Where 10,000 square feet or more of principal use activities are outside the building, such uses shall require a special permit pursuant to section 34-214.

(c)

Uses permitted as of right. The uses set forth in this subsection are permitted as of right, subject to the following conditions: (i) such principal uses shall occupy a gross floor area and outside intensive use area totaling less than 30,000 square feet; (ii) less than 10,000 square feet of the principal use activities shall be located outside the buildings; and (iii) uses allowed under subsection (e) of this section shall not be allowed within 1,000 linear feet of a public school building.

(1)

Harbor and marine supplies and services, chandleries, ship supply, not including bunkering of vessels;

(2)

Boat storage facilities, including rack storage facilities;

(3)

Marine-related scientific research and development;

(4)

Maritime-industrial related museum;

(5)

Marine office, including without limitation, offices of owners of wharves or their agent, naval architects and seafood brokers;

(6)

Institutional uses, including marine research, education and laboratory facilities, not including overnight accommodations;

(7)

Landscaped areas; and

(8)

Accessory uses, customarily incidental and subordinate to the location, function and operation of permitted principal uses, including temporary uses, provided that all such temporary uses on a lot do not exceed a combined total of 30 days per year and that the total floor area utilized for such uses does not exceed ten percent of the total floor area or lot area at any given time.

(d)

Uses authorized after site plan approval. In addition to those set forth in subsection (b) of this section, the following uses may be authorized after site plan approval, provided that less than 10,000 square feet of the principal use activities are outside the buildings:

(1)

Uses listed in subsection (c) of this section which occupy a gross floor area and outside intensive use area totaling 30,000 square feet or more;

(2)

Tugboat, fireboat, pilot boat and similar services related to public safety on the waterfront;

(3)

Public pedestrian paths, along the water's edge providing marine industrial viewing opportunities and/or points of access to, from and within the Chelsea Creek DPA;

(4)

Boatbuilding, including facilities for construction, fabrication, maintenance and repair of boats not exceeding a length of 60 feet;

(5)

Boat and accessory sales, services and rental establishments;

(6)

Fabrication, storage and repair of fishing equipment;

(7)

Facilities for marine construction and salvage;

(8)

Intermodal transportation terminals and facilities, ferries, excursion facilities, telephone electronic equipment enclosures and other similar structures; and

(9)

Accessory uses customarily incidental and subordinate to the location, function and operation of permitted principal uses, including temporary uses, provided that all such temporary uses on a lot do not exceed a combined total of 30 days per year and that the total floor area utilized for such uses does not exceed ten percent of the total floor area or lot area at any given time.

(e)

Uses authorized by special permit. In addition to those uses set forth in subsection (b) of this section, the following uses may be authorized by special permit:

(1)

Uses listed in subsections (c) and (d) of this section where 10,000 square feet or more of the principal use activities are outside the building(s);

(2)

Marine products, wholesaling distribution and retailing;

(3)

Fabrication of marine related goods, marine industrial welding, marine repair services, marine machine shops and related storage facilities;

(4)

Boatbuilding and shipbuilding, including facilities for construction, fabrication, maintenance and repair of boats and ships exceeding a length of 60 feet;

(5)

Bulk storage facilities, provided that the use is fully enclosed, including petroleum products storage, and oil and gas distribution facilities, but specifically excluding junkyard facilities and any other unsightly bulk storage uses;

(6)

Fishing, commercial and industrial vessel berthing, including docks;

(7)

Marine-related and supporting light industrial;

(8)

Enclosed seafood processing, seafood packing and packaging, seafood loading and seafood distribution;

(9)

Marine-related wholesale business, warehousing and storage;

(10)

Facilities for marine pollution control, oil spill cleanup and the servicing of marine sanitation devices;

(11)

Fueling and bunkering of vessels;

(12)

Container shipping operations, marine cargo handling facilities, including docking, loading and related storage and warehouse;

(13)

Freight forwarding, including freight forwarding terminals and motor freight terminals;

(14)

Park and fly, airport related employees parking and the storage of vehicles for hire or return vehicles for hire;

(15)

Accessory uses customarily incidental and subordinate to the location, function and operation of permitted principal uses, including temporary uses, provided that all such temporary uses on a lot do not exceed a combined total of 30 days per year and that the total floor area utilized for such uses does not exceed ten percent of the total floor area or lot area at any given time;

(16)

Moving company, less than 15,000 square feet gross floor area; and

(17)

Moving company, 15,000 square feet or more gross floor area.

(f)

Design standards. All uses shall comply with the design standards set forth in section 34-155(i) as may be applicable.

(Ord. of 6-20-2005, § 8.1; Ord. of 4-6-2015(1), § 1)

(a)

Scope and purpose. This section applies to the Airport Related Overlay District (AROD). The purpose of the AROD is to provide areas for airport related uses in locations with suitable access to the airport and where such activities can occur without adverse impact upon residential areas.

(b)

Underlying uses.

(1)

Uses currently prohibited in the underlying districts shall not be allowed in the AROD, except for airport related uses as defined in section 34-241 and as set forth in subsection (c) of this section.

(2)

Uses currently allowed by right in either of the underlying districts shall continue to be allowed by right in the underlying district within the AROD.

(3)

Uses currently allowed after site plan approval in either of the underlying districts shall continue to be allowed after site plan approval in that underlying district within the AROD.

(4)

Uses currently allowed by special permit in either of the underlying districts shall continue to be allowed by special permit in that underlying district within the AROD.

(c)

Airport related uses. In addition to those uses set forth in subsection (b) of this section, airport related uses may be authorized by special permit issued by the zoning board of appeals. Such airport related uses shall include:

(1)

Bulk storage of cargo and freight;

(2)

Storage and/or repair of automobiles, trucks and equipment;

(3)

Food-handling and preparation facilities;

(4)

Freight forwarding facilities;

(5)

Vehicles for hire or return vehicles for hire;

(6)

Other airport related uses as defined in section 34-241.

(Ord. of 6-20-2005, § 8.2; Ord. of 10-17-2011; Ord. of 11-21-2016(6))

(a)

General regulations.

(1)

Except as stated, this section applies to the Interim Planning Overlay District (IPOD). An IPOD shall be established through a text and map amendment to this chapter and the zoning map.

(2)

An IPOD may operate to suspend and/or amend all or a portion of the existing underlying zoning of an area for the period during which the IPOD is in effect.

(3)

An IPOD shall be adopted for a specified time period, not to exceed two years.

(4)

An IPOD may be divided into subdistricts and/or study areas.

(5)

An IPOD may be extended, amended or repealed, at any time prior to the expiration of the specified time period by an amendment to this chapter and the zoning map, as appropriate. Upon expiration of the specified time period, the IPOD shall terminate automatically and the existing underlying zoning, as amended through the expiration date, shall apply.

(b)

Recommendation for IPOD. The city manager or any other individual or entity charged with the responsibility for planning or the overall governance of the city may recommend the designation of an IPOD. Such recommendation must:

(1)

Define the physical boundaries of the IPOD;

(2)

Describe the characteristics of the area which indicate that an IPOD is necessary and appropriate;

(3)

Set forth a timetable with specified deadlines for conducting the interim planning process and for completing any rezoning of the area;

(4)

Specify a date, not to exceed two years from the effective date of an amendment establishing the IPOD, for the dissolution of the IPOD;

(5)

Set forth regulations to control land use in the area during the specified time period, including without limitation, any regulations suspending the existing underlying zoning; and

(6)

Stipulate which land uses and activities are subject to the provisions of the IPOD, and which land uses and activities, if any, are governed by the existing underlying zoning.

(c)

Shopping Center Interim Planning Overlay District (SCIPOD).

(1)

Scope and declaration of need for interim zoning.

a.

This subsection (c) applies to the Shopping Center Interim Planning Overlay District (SCIPOD).

b.

Interim zoning is necessary to maintain a proper balance between competing land uses in the Shopping Center District and their environs and is intended to protect the surrounding districts from the negative effects of further intrusion of poorly planned commercial uses to create a more urban, sustainable and integral development plan, in anticipation of additional planning by the city to respond to economic trends, changes in land use patterns and development objectives. This interim zoning is intended to continue to address the following, all are taken into greater account in future land use decisions in the SCIPOD pending further rezoning:

1.

Recent and dramatic changes in local and regional economic growth pressures and ensure that visual, traffic, transportation and noise impacts on neighborhoods are managed;

2.

The intent of the city's residents not to be subject to poorly planned large-scale development;

3.

The intent of the city's residents to have reasonable public transportation and open space resources;

4.

The need to preserve and protect the city's natural resources;

5.

The need to encourage an economically sound mix of commercial, residential and light industrial uses; and

6.

The need to ensure compatibility and consistency with surrounding land uses.

c.

The existing underlying Shopping Center District zoning has outlived its purpose of stabilizing a declining area, and has led to disinvestment that has the potential to encourage uncontrolled development and land uses incompatible with the adjacent neighborhoods and the health, safety and general welfare of the people of the city.

d.

The interim zoning is intended to encourage a broader spectrum of land uses in anticipation of the SCIPOD becoming a thriving area that is essential to the revitalization of the city.

(2)

Physical boundaries. The SCIPOD shall be comprised of the Shopping Center (SC) District.

(3)

Applicability. Unless otherwise exempt pursuant to this subsection, no permit to use, alter, construct, reconstruct or expand any buildings, structures or land within the Shopping Center (SC) District shall be issued by the building inspector. Proposed projects for which the zoning board of appeals has approved a special permit for planned development prior to the adoption of the SCIPOD shall be exempt from such requirements. The following uses and projects shall also be exempt and instead shall be subject to the underlying zoning, as amended from time to time:

a.

Any proposed project for which application to the building inspector for a building or use permit has been made prior to the first notice of public hearing for adoption of these amendments and for which no zoning relief is required provided such permit is exercised within six months and construction proceeds continuously to completion; and

b.

Any proposed project for which application for zoning relief has been made prior to the first notice of public hearing for adoption of this amendment, provided that such zoning relief is granted thereafter pursuant to such application and is exercised within six months and construction proceeds continuously to completion.

(4)

Zoning regulations in effect; conflict provisions. In the event of a conflict between the SCIPOD and the underlying zoning, the SCIPOD shall govern. Upon expiration of this SCIPOD, the existing underlying zoning, as amended through the expiration date and including such zoning districts as remain in effect, shall be the sole set of zoning regulations for the SCIPOD.

(5)

Interim use controls, design review guidelines, dimensional regulations.

a.

Underlying uses.

1.

Uses currently prohibited in the underlying districts shall not be allowed in the SCIPOD.

2.

Uses currently allowed by site plan approval or by right within the underlying district shall be allowed only by special permit, and those uses currently allowed by special use permit shall continue to be allowed by special permit and all as part of a planned development in accordance with section 34-155 and special permit in accordance with section 34-214, unless specifically exempted from the planned development requirement upon a determination by the zoning board of appeals that the goals set forth in subsection (c)(1) of this section would not be advanced by the planned development requirement. Said determination shall be at the sole discretion of the zoning board of appeals.

b.

Design review, dimensional regulations, permitted uses.

1.

All uses, including underlying uses, permitted subject to site plan approval in accordance with section 34-215, and/or permitted on a special permit in accordance with section 34-214, and/or change in use in accordance with section 34-51 shall comply with design review guidelines set forth in section 34-155(i), as applicable.

2.

Intensity regulations for the site of a planned development shall have a minimum of 25 contiguous acres above the high-water line in the SCIPOD, which acreage shall be of a shape deemed reasonable for the purpose of the department of planning and development.

3.

Permitted uses for the site of a planned development shall encompass a combination of each of the following uses: residential, office, retail, restaurant, hotel and open space in accordance with the provisions of section 34-155.

(6)

Enforcement. The building inspector shall not issue any building permit or change of use permit for a proposed project subject to this subsection (c), unless the proposed project is in accordance with this subsection (c) and with the performance standards of section 34-110.

(7)

Subsequent amendments. While in effect, this subsection (or portions of this subsection) may be repealed or superseded by subsequent amendments to either this subsection or to the underlying zoning.

(d)

Timetables for SCIPOD and related rezoning. A comprehensive rezoning of the SCIPOD shall be completed within the following timetable, unless extended by the city manager:

(1)

Mapping of existing uses, ownership and zoning, and the identification of uses will be completed within six months of the enactment of an IPOD from the date to enactment.

(2)

Establishment of rezoning land use objectives, desired densities and uses for an IPOD study will be completed within nine months following enactment of the IPOD.

(3)

The hearing on any proposed zoning changes will be completed within 18 months from the enactment of an IPOD.

(e)

Naval Hospital Interim Planning Overlay District (NHIPOD).

(1)

Scope and declaration of need for interim zoning.

a.

This subsection (e) applies to the Naval Hospital Interim Planning Overlay District (NHIPOD).

b.

Interim zoning is necessary to establish guidelines that will maintain a proper balance of open space, commercial development, and residential development within the Naval Hospital Residential (NHR) and Naval Hospital Commercial (NHC) zoning districts. This interim zoning is intended to continue to address the following, all are taken into greater account in future land use decisions in the NHIPOD pending further rezoning:

1.

Recent and dramatic changes in local and regional economic growth pressures and ensure that visual and traffic impacts on neighborhoods are managed;

2.

The intent of the city's residents not to be subject to poorly planned large-scale development;

3.

The intent of the city's residents to have reasonable open space resources;

4.

The need to preserve and protect the city's natural resources;

5.

The need to encourage an economically sound mix of commercial and residential uses; and

6.

The need to ensure compatibility and consistency with surrounding land uses.

c.

The existing underlying Naval Hospital Residential (NHR) zoning was created for the purpose to redevelop a portion of the former naval hospital site for residential purposes. The existing underlying Naval Hospital Commercial (NHC) zoning was created for the purpose to redevelop a portion of the formal naval hospital site for office uses, recreational uses, and related purposes.

d.

The NHR and NHC districts have undergone significant large scale development since their inception in an unplanned manner on a significant amount of space is both districts. The purpose of NHIPOD is to develop guidelines that help aide in the siting of future large scale development so as to not encroach on existing development and open space.

(2)

Physical boundaries. The NHIPOD shall be comprised of the Naval Hospital Residential (NHR) and Naval Hospital Commercial (NHC) zoning districts.

(3)

Applicability. Unless otherwise exempt pursuant to this subsection, no permit to use, alter, construct, reconstruct or expand any buildings, structures or land within the Naval Hospital Residential (NHR) and Naval Hospital Commercial (NHC) zoning districts shall be issued by the building inspector. Proposed projects for which the zoning board of appeals has granted approval prior to the adoption of the NHIPOD shall be exempt from such requirements. The following uses and projects shall also be exempt and instead shall be subject to the underlying zoning, as amended from time to time:

a.

Any proposed project for which application to the building inspector for a building or use permit has been made prior to the first notice of public hearing for adoption of these amendments and for which no zoning relief is required provided such permit is exercised within six months and construction proceeds continuously to completion; and

b.

Any proposed project for which petition for zoning relief has been made prior to the first notice of public hearing for adoption of this amendment, provided that such zoning relief is granted thereafter pursuant to such application and is exercised within six months and construction proceeds continuously to completion.

(4)

Zoning regulations in effect; conflict provisions. In the event of a conflict between the NHIPOD and the underlying zoning, the NHIPOD shall govern. Upon expiration of this NHIPOD, the existing underlying zoning, as amended through the expiration date and including such zoning districts as remain in effect, shall be the sole set of zoning regulations for the NHIPOD.

(5)

Interim use controls, design review guidelines, dimensional regulations.

a.

Underlying uses.

1.

Article XIII Table of Principle Use Regulations shall remain unchanged for the Naval Hospital Residential (NHR) and Naval Hospital Commercial (NHC) zoning districts.

b.

Design review, dimensional regulations, permitted uses.

1.

All uses, including underlying uses, permitted subject to site plan approval in accordance with section 34-215, and/or permitted on a special permit in accordance with section 34-214, and/or change in use in accordance with section 34-51 shall comply with design review guidelines set forth in section 34-155(i), as applicable.

(6)

Enforcement. The building inspector shall not issue any building permit or change of use permit for a proposed project subject to this subsection (e), unless the proposed project is in accordance with this subsection (e) and with the performance standards of section 34-110.

(7)

Subsequent amendments. While in effect, this subsection (or portions of this subsection) may be repealed or superseded by subsequent amendments to either this subsection or to the underlying zoning.

(f)

Timetables for NHIPOD and related rezoning. A comprehensive rezoning of the NHIPOD shall be completed within the following timetable, unless extended by the city manager:

(1)

Mapping of existing uses, ownership and zoning, and the identification of uses will be completed within six months of the enactment of the NHIPOD.

(2)

Establishment of rezoning land use objectives, desired densities and uses for the NHIPOD study will be completed within nine months following enactment of the NHIPOD.

(3)

The hearing on any proposed zoning changes will be completed within 18 months from the enactment of the NHIPOD.

(4)

The NHIPOD shall be automatically dissolved 24 months after the enactment of the NHIPOD.

(Ord. of 6-20-2005, § 8.3; Ord. of 11-21-2016(10))

(a)

Scope and purpose. This section applies to the Wireless Communications Overlay District (WCOD). The purpose of this section is to regulate the deployment of small wireless facilities (as that term is defined at 47 CFR 1.6002 (1), as well as the structures (as that term is defined at 47 CFR 1.6002 (m)) on which small wireless facilities are affixed or may be sought to be attached, modified, or removed. The WCOD has been created:

(1)

To manage the public rights-of-way and preserve the city's significant investments in time and money in the acquisition and maintenance of public rights-of-way and other city-owned or controlled property on which, around which, and over which small wireless facilities and or structures are located;

(2)

To preserve and advance universal wireless service, protect the public safety and welfare, ensure the continued quality of telecommunications services and safeguard the rights of consumers;

(3)

To ensure that the city's businesses, residents and visitors have the best opportunity to reliably access the highest quality wireless networks and make use of advanced wireless services and applications;

(4)

To not unreasonably discriminate among providers of functionally equivalent services and to not effectively prohibit the provision of personal wireless services all in compliance with all applicable laws, including 47 U.S.C. §332(c)(7)(B)(i),(iii);

(5)

To reasonably avoid or remedy the intangible public harm of unsightly or out-of-character deployments of small wireless facilities and/or structures.

(b)

Location. The WCOD shall be located in all districts.

(c)

Applicability. The WCOD shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning shall remain in full force and effect, except as may be specifically superseded herein or except as otherwise unavailable options are provided herein.

(d)

Installations that do not require special permit—not in excess of five feet above existing structures.

(1)

Small wireless facilities, including equipment facilitating small wireless communications, such as antennas, small cells, dishes, fiber optic and power cables and connections, remote radioheads, brackets, devices, junction boxes, conduits, meters and all other related equipment, that do not exceed five feet above the height of an existing structure to which it is attached, shall be allowed by right but subject to grant of location.

(2)

In all cases, modifications to small wireless facilities shall be subject to subsection (d)(1) of this section.

To the maximum extent feasible, small wireless facilities and structures shall minimize adverse visual effects on the environment. In addition, equipment mounted on structures that are poles shall not be located less than ten feet above the mean finished ground elevation at the base of the pole. The inspector of buildings may impose reasonable conditions to ensure this result, including, but not limited to, screening and/or color, materials and texture of exterior equipment as well as measures to address noise and/or light impacts.

(e)

Installations that require a special permit and site plan review.

(1)

Any installation:

a.

Of a structure (as that term is defined at 47 CFR 1.6002 (m)) that is located anywhere other than the location of an existing structure; or

b.

That involves replacement of a structure with a new structure that is not of the same kind and quality or that involves a "substantial change" as provided in 47 CFR 1.6100 (7); or

c.

That exceeds five feet above the height of an existing structure to which it is attached

shall require a special permit issued by the zoning board of appeals and site plan review by the planning board upon a finding that the proposed new structure or modification to an existing structure or height will not cause substantial detriment to the city or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include consideration of all of the following:

a.

Communications needs served by the facility;

b.

Traffic flow and safety, including parking and loading;

c.

Adequacy of utilities and other public services;

d.

Impacts on neighborhood character, including aesthetics;

e.

Impacts on the natural environment, including visual impacts;

f.

The protection of public safety and welfare;

g.

The continued quality of telecommunications services;

h.

The rights of consumers; and

i.

Management of the public rights-of-way.

(2)

Requirements in general.

a.

To the extent feasible, service providers shall collocate (attach) small wireless facilities on a single structure. New structures shall be designed to accommodate foreseeable users (within a ten-year period) where technically practicable.

b.

New structures that are poles shall be limited in design to single-poles, hereinafter referred to as "monopoles." No three-legged poles, or lattice towers with or without guy-wires, shall be permitted. Monopole height shall not exceed 100 feet above mean finished ground elevation at the base of the mounting structure; provided, however, that a monopole may be erected higher than 100 feet where collocation is approved or proposed, not to exceed a height of 140 feet above mean finished ground elevation at the base of the mounting structure.

c.

New structures that are monopoles shall be considered only upon a finding that existing or approved monopoles or other structures cannot accommodate the equipment planned for the proposed monopole.

d.

All structures associated with small wireless facilities shall be removed within one year of cessation of use.

e.

Fencing may be required to control unauthorized entry to small cell facilities and or structures.

f.

The setback of small cell facilities and structures from the property line shall not be less than 50 feet.

(3)

Submittal requirements. As part of any application for a special permit, applicants shall submit, at a minimum, the information required for site plan approval, as set forth herein at sections 34-214—34-215. Applicants shall also describe the capacity of the structure, including the number and types of antennas that it can accommodate and the basis for the calculation of capacity.

(f)

Requirement for grant of location and licensing. All small wireless facilities and structures allowed pursuant to this overlay district shall require grant of location review and approval by the department of public works as well as a licensing agreement with the law department before any building permit may issue for installation.

(Ord. of 6-20-2005, § 8.4;  3- 4-2013, §§ 1.—4.; Ord. of 12-23-2019, § 1)

(a)

Scope and purpose. This section applies to the Gerrish Avenue Smart Growth Overlay District (SGOD). It is the purpose of this section to establish a Gerrish Avenue Smart Growth Overlay District and to encourage smart growth in accordance with the purpose of M.G.L. c. 40R, and to foster a range of housing opportunities that promotes compact design, preservation of open space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby rail access. Other objectives of this section are to:

(1)

Promote the public health, safety and welfare by encouraging diversity of housing opportunities;

(2)

Provide for a full range of housing choices for households of all incomes, ages and sizes in order to meet the goal of preserving municipal character and diversity;

(3)

Increase the production of a range of housing units to meet existing and anticipated housing needs;

(4)

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

(5)

Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting; and

(6)

Establish development standards to allow context-sensitive design and creative site planning.

(b)

Definitions. For purposes of this section, the definitions set forth in this subsection shall apply. All terms shall be defined in accordance with the definitions established under the enabling laws or this subsection, or as set forth in the rules and regulations of the permit approval authority entitled "Rules and Regulations of the City of Chelsea Permit Approval Authority, Chapter 40R," dated June 27, 2006, and approved by the department of housing and community development on July 13, 2006 (the PAA regulations). To the extent that there is any conflict between the following definitions or the PAA regulations and the enabling laws, the terms of the enabling laws shall govern:

Affordable homeownership unit means an affordable housing unit required to be sold to an eligible household.

Affordable housing means housing that is affordable to and occupied by eligible households. Affordable housing units created within the SGOD meeting the standards set out in 760 CMR 45.03 shall count on the subsidized housing inventory, subject to the approval of the state department of housing and community development (DHCD).

Affordable housing restriction means a deed restriction of affordable housing meeting statutory requirements in M.G.L. c. 184, § 31 and the requirements of subsection (d)(5) of this section.

Affordable rental unit means an affordable housing unit required to be rented to an eligible household.

Eligible household means an individual or household whose annual income is less than 80 percent of the areawide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

Enabling laws means M.G.L. c. 40R and 760 CMR 59.00.

Plan approval means standards and procedures which a project in the SGOD must meet under the procedures established herein and in the enabling laws.

Plan approval authority means, for the purposes of reviewing project applications and issuing decisions on development projects within the SGOD, the zoning board of appeals, consistent with M.G.L. c. 40R and 760 CMR 59.00, shall be the plan approval authority (PAA), and is authorized to approve a site plan to implement a project.

(c)

Overlay district.

(1)

Establishment. The Gerrish Avenue Smart Growth Overlay District, hereinafter referred to as the SGOD, is an overlay district having a land area of approximately 2.83 acres in size that is superimposed over the underlying zoning district and is shown on the zoning map as set forth on the map entitled "Gerrish Avenue Smart Growth Overlay District, June 5, 2006, prepared by Crosby, Schlessinger and Smallridge LLC." This map is hereby made a part of this chapter and is on file in the office of the city clerk.

(2)

Underlying zoning. The SGOD is an overlay district superimposed on all underlying zoning districts. The use regulations governing the underlying zoning district shall remain in full force.

(3)

Applicability of SGOD. In accordance with the provisions of M.G.L. c. 40R and 760 CMR 59.00, an applicant for a project located within the SGOD may seek plan approval in accordance with the requirements of this section. Such application shall not be subject to any other provisions of this chapter, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling use limitations.

(4)

Permitted uses. Multifamily dwellings with three or more dwelling units are permitted as of right. In addition, nonconforming structures may be extended, altered or changed to allow conversion to residential use subject to design and site plan review.

(5)

Project phasing. The PAA, as a condition of any plan approval, may require a project to be phased to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, the proportion of affordable units and the proportion of market rate units shall be consistent across all phases.

(d)

Housing and housing affordability.

(1)

Marketing plan. Prior to granting plan approval for housing within the SGOD, an applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. No less than ten percent of the residential units within a project shall be three-bedroom units and notwithstanding anything to the contrary in this section, this requirement shall not be reduced. These documents in combination, to be submitted with a site plan application shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

(2)

Number of affordable housing units. For all projects, no less than 20 percent of housing units constructed shall be affordable housing. For purposes of calculating the number of units of affordable housing required within a project, any fractional unit of one-half or greater shall be deemed to constitute a whole unit.

(3)

Requirements. Affordable housing shall comply with the following requirements:

a.

For an affordable rental unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.

b.

For an affordable homeownership unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one.

c.

Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only be eligible households.

(4)

Design and construction. Units of affordable housing shall be finished housing units. Units of affordable housing shall be dispersed throughout the project of which they are part and have exteriors that are equivalent in design and materials to the exteriors of other housing units in the project. The total number of bedrooms in the affordable housing shall be proportionate to the total number of bedrooms in all the units in the project of which the affordable housing is part, provided that at least ten percent of the three-bedroom units within the project shall be affordable housing.

(5)

Affordable housing restriction. Each unit of affordable housing shall be subject to an affordable housing restriction which is recorded with the appropriate registry of deeds or district registry of the land court and which contains the following:

a.

Specification of the term of the affordable housing restriction which shall be no less than 30 years;

b.

The name and address of an administering agency with a designation of its power to monitor and enforce the affordable housing restriction;

c.

A description of the unit of affordable housing by address and number of bedrooms;

d.

Reference to a housing marketing and resident selection plan, to which the affordable housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size;

e.

A requirement that residents will be selected at the initial sale or rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan;

f.

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set;

g.

Designation of the priority of the affordable housing restriction over other mortgages and restrictions, provided that a first mortgage of a homeownership housing unit to a commercial lender in an amount less than maximum resale price may have priority over the affordable housing restriction if required by then current practice of commercial mortgage lenders;

h.

A requirement that only an eligible household may reside in affordable housing and that notice of any lease or sublease of any unit of affordable housing shall be given to the administering agency;

i.

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the administering agency;

j.

Provision that the restriction on an affordable homeownership unit shall run in favor of the administering agency and the municipality, in a form approved by municipal counsel, and shall limit initial sale and resale to and occupancy by an eligible household;

k.

Provision that the restriction on an affordable rental unit shall run in favor of the administering agency and the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an eligible household;

l.

Provision that the owners or managers of affordable rental units shall file an annual report to the administering agency, in a form specified by that agency, certifying compliance with the affordability provisions of this chapter and containing such other information as may be reasonably requested in order to ensure affordability; and

m.

A requirement that residents in affordable housing provide such information as the administering agency may reasonably request in order to ensure affordability.

(6)

Administering agency. An administering agency which may be the local housing authority, a regional nonprofit housing agency, or other qualified housing entity shall be designated by the PAA. In a case where the administering agency cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such agency shall ensure the following:

a.

Prices of affordable homeownership units are properly computed;

b.

Rental amounts of affordable rental units are properly computed;

c.

Income eligibility of households applying for affordable housing is properly and reliably determined;

d.

The housing marketing and resident selection plan conforms to all requirements and is properly administered;

e.

Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and

f.

Affordable housing restrictions meeting the requirements of this section are recorded with the proper registry of deeds.

(7)

Housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the project applicant or owner of reasonable costs to the administering agency to develop, advertise and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed one-half percent of the amount of rents of affordable rental units (payable annually) or one percent of the sale or resale prices of affordable homeownership units (payable upon each such sale or resale), as applicable.

(8)

Age restrictions. The development of specific projects within the district may be exclusively for the elderly, persons with disabilities or for assisted living, provided that any such project shall be in compliance with all applicable fair housing laws and not less than 25 percent of the housing units in such a restricted project shall be restricted as affordable units. Any project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations.

(9)

Phasing. For housing that is approved and developed in phases, which an applicant may voluntarily elect to do, the proportion of affordable housing units, and the proportion of existing zoned units to bonus units as described in 760 CMR 59.04(1)(h), shall be consistent across all phases.

(10)

Computation. Prior to granting of any building permit for the housing component of a project, the applicant for such building permit must demonstrate, to the satisfaction of the PAA, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the city.

(11)

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this subsection (d) shall not be waived.

(e)

Dimensional and density requirement.

(1)

All projects are subject to site plan/design review as detailed in subsection (h) of this section.

(2)

The dimensional requirements applicable in the SGOD subdistrict 1 are as follows:

(3)

The dimensional requirements applicable in the SGOD subdistrict 2 are as follows:

(f)

Parking requirements. The off-street parking requirements for the SGOD are as follows:

(1)

Minimum spaces. A minimum of 1.25 spaces per unit and maximum of two spaces per unit.

(2)

Layout. The minimums are as follows:

a.

Setback requirement is five feet;

b.

Aisle width is 21 feet;

c.

Individual space dimensions are 8.5 feet by 18 feet.

Subcompact spaces may be provided, but cannot be used to meet the minimum number of spaces required.

(3)

Interpretation of parking table.

a.

Unless otherwise approved by the PAA, a minimum of 1.25 and a maximum of two off-street parking spaces shall be provided for each residential unit, inclusive of parking spaces within garages. The PAA may allow for additional visitor parking spaces beyond the two maximum spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in the required parking as provided in subsection (f)(3)c of this section.

b.

Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted in subsection (f)(1) of this section that occur at different times of day is strongly encouraged. Minimum parking requirements in subsection (f)(1) of this section may be reduced by the PAA if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE shared parking guidelines, or other approved studies).

c.

Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced upon a demonstration to the reasonable satisfaction of the PAA that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

1.

The availability of surplus off-street parking in the vicinity of the use being served and/or the proximity of a bus or an MBTA transit station;

2.

The availability of public or commercial parking facilities in the vicinity of the use being served;

3.

Shared use of off-street parking spaces serving other uses having peak user demands at different times;

4.

Age or other occupancy restrictions which are likely to result in a lower level of auto usage;

5.

Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and

6.

Such other factors as may be considered by the PAA.

(g)

Design standards.

(1)

Site design and building orientation.

a.

Buildings and landscape elements should be sited to reinforce the street edge by aligning building faces and taller vertical landscape elements along the setback line. The setback should be generous enough to allow for tree plantings but shallow enough that the buildings help create a coherent street wall that will inform future patterns of development.

b.

Required open space should be sited such that it is visually accessible from the street, thereby creating a visual amenity for the community, where possible.

c.

In order to strengthen and define street form, corner buildings should align to both street frontages. This is especially important at the corner of Highland and Library Streets, where the lack of development on corner parcels creates a particularly undefined intersection.

d.

Parking areas should be sited behind buildings. Driveways should be located on side streets where possible, and garage entries should be located behind buildings or on side streets where possible. Garage entries facing streets should have doors designed to be compatible with a pedestrian scale and aesthetic, characterized by windows, panels or other articulations.

e.

All curb cuts should be designed so that driveways slope up from the street to the level of the sidewalk. Curb cuts should not be designed so that the drive is set at the street elevation. Sidewalks are meant for safe passage of pedestrians. Curb cuts set at the street elevation not only require pedestrians to step down at every cut, but also promote vehicles entering and exiting the drive at faster speeds than those that would be used if the sidewalk were designed so that the pedestrian had the right-of-way.

(2)

Building character and design.

a.

Buildings should have the primary entrance oriented to the street on which the building fronts.

b.

In order to enhance security, interior living spaces should be oriented so that windows give visual access to either the street or any on-site open spaces.

c.

To improve the pedestrian scale of the district, and reflect the pattern and character of surrounding buildings, buildings should include articulations, such as cornices, bay windows, dormers, peaked corner turrets, or other vertical articulations that add interest and dimension to the building facades. Larger articulations can be used to create visually accessible open spaces that can be used to satisfy the open space requirements (for example, a U-shaped building with the open part of the U-shape landscaped and facing the street). Long building facades should be broken up with multiple entrances, creating the feel of a row of individual buildings.

d.

Windows should be individual openings in the facade, with well-defined lintels and sills, rather than band windows.

e.

Building material should be clapboard, painted in light colors. Larger buildings may be masonry, to fit in with older industrial buildings.

f.

Building tops should be shaped with attention to their view against the sky and to adjacent structures. Buildings with flat roofs should have a cornice. Mechanical penthouses and other projections or roof elements that are visible from the street should be architecturally integrated with the overall building design.

g.

Attention should be paid to the design of front doors, with covered front entries or other details to provide interest.

(3)

Landscape and screening elements.

a.

Where space allows, sidewalks should be ten feet from curb to back of sidewalk, with street trees planted in a continuous four-foot tree lawn or individual four-foot tree pits. Sidewalk width should match adjacent parcels, or for full-block parcels, adjacent blocks, but never less than a minimum width of five feet.

b.

Where sidewalks are less than eight feet, street trees or other landscaping should be planted in the front setback to create a greener street edge and help mitigate the lack of open space in the neighborhood. Landscaping should be planted at a sufficient density to make an immediate impact on the pedestrian environment.

c.

In order to visually screen surface parking from the street without reducing visual access and security:

1.

Except to allow egress to the property at driveways and walkways, where possible, surface parking areas should be screened from the street by continuous planting strips a minimum of five feet deep and planted at a density sufficient to create a continuous screen, with plantings at least 18 inches, but no more than four feet tall.

2.

In addition to planted screens, continuous fencing should be installed on the street side of the planting strip. Fencing should have black metal pickets at least 18 inches but no more than four feet tall, aligning with architectural elements of the adjacent building facade.

3.

Trees may be planted within planting strips provided they do not disrupt the continuity of the required screening, and that limbs are removed below a height of 12 feet.

d.

In order to promote a sustainable and natural landscape environment, plant materials should be restricted to native and noninvasive species.

(h)

Application for plan approval.

(1)

Preapplication. Prior to the submittal of a site plan application, a concept plan may be submitted to help guide the development of the definitive site plan for project buildout and individual elements thereof. Such concept plan should reflect the following:

a.

Overall building envelope areas;

b.

Open space and natural resource areas;

c.

General site improvements, groupings of buildings, and proposed land uses.

The concept plan is intended to be used as a tool for both the applicant and the PAA to ensure that the proposed project design will be consistent with the design standards and other requirements of the SGOD.

(2)

Full buildout required. A site plan application for plan approval shall be submitted to the PAA on the form provided by the PAA, along with application fees which shall be as set forth in the PAA regulations. An application shall show the proposed buildout of a project, whether the project will be phased or not.

(3)

Required submittals. The site plan application for plan approval shall be accompanied by such plans and documents as may be required and set forth in the PAA regulations. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the state. All landscape plans shall be prepared by a certified landscape architect registered in the state. All building elevations shall be prepared by a certified architect registered in the state. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the PAA.

(i)

Submission contents. A site plan application for plan approval shall show each of the following for the entire site, whether or not development is to be phased, unless items are waived, in writing, by the director of planning and development:

(1)

Location map at 600 feet per each.

(2)

Survey of lot indicating property boundaries, metes and bounds, existing structures, locations of all easements, rights-of-way, grades at intervals of three feet, utilities, the owners of the property and adjacent lot owners.

(3)

Photographs eight inches by ten inches of sufficient quality and detail to indicate the environmental features of the site, including, but not limited to, topography, views of the Boston skyline, adjacent or nearby open space and adjacent structures and/or uses of land.

(4)

Schematic design plans including:

a.

A site plan which accurately locates all existing and proposed buildings and structures with their proposed uses, as well as gross and usable floor areas, parking areas, driveways, driveway openings, service areas, usable open space, landscaped areas and the proposed treatment thereof (including fences, walls, planting areas and walks), all facilities for storm drainage, sewerage, refuse, other waste disposal and other utility systems.

b.

A ground floor plan indicating major dimensions, gross and net floor area, proposed uses of interior areas in appropriate scale, access points for pedestrian and service areas.

c.

Typical floor plan indicating major dimensions, gross and net floor area, proposed uses and vertical circulation for upper level floors.

d.

All data required to enable the PAA to determine the amount and frequency of traffic volumes generated and the extent of compliance with off-street parking and loading requirements.

e.

A sign plan indicating location, size, illumination and design of all signs on the site.

f.

Elevations defining heights, proposed entrances, fenestration, signage, all materials, finishes, colors and features of the entire project.

(5)

Documentation of the project's compliance with the requirement that 20 percent of the units in the project are affordable.

(6)

Documentation of the project's ability to accommodate a range of ages and family sizes.

(7)

A plan for the phasing of the development and the reasonable time of completion of each phase.

(8)

A circulation plan showing the street system and circulation patterns within and adjacent to the proposed development including any special engineering features, such as, but not limited to, median strips, overpasses and underpasses and major pedestrian paths.

(9)

At the discretion of the PAA, the submittal of a development impact statement (DIS) may be required. The DIS shall be prepared by an interdisciplinary team including a registered landscape architect or architect, a registered professional or civil engineer, and a registered surveyor and shall include:

a.

Physical environment.

1.

Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geological, archaeological, scenic and historical features or structures, location of significant viewpoint, stone walls, trees over 16 inches in diameter, trails and open space links, and indigenous wildlife.

2.

Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.

b.

Surface water and subsurface conditions.

1.

Describe the location, extent and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site.

2.

Describe any proposed alterations of shorelines, marshes or seasonal wet areas.

3.

Describe any limitations imposed on the project by the site's soil and water conditions.

4.

Describe the impact upon groundwater and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer and other activities within the site.

c.

Circulation systems. Project the number of motor vehicles to enter or depart the site per average day and peak hour and state the number of motor vehicles to use streets adjacent to the site per average day and peak hour. Such data shall be sufficient to enable the PAA to evaluate:

1.

Existing traffic on streets adjacent to or approaching the site;

2.

Traffic generated or resulting from the site; and

3.

The impact of such additional traffic on all ways within and providing access to the site. Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS.

d.

Support systems.

1.

Water distribution. Discuss the types of wells or water system proposed for the site, means of providing water for firefighting and any problems unique to the site.

2.

Sewage disposal. Discuss the type of on-site or sewer system to be used, suitability of soils, procedures and results of percolation tests and evaluate impact of disposal methods on surface water and groundwater.

3.

Refuse disposal. Discuss the location and type of facilities, the impact on existing city refuse disposal capacity, hazardous materials requiring special precautions.

4.

Fire protection. Discuss the type, location, and capacity of fuel storage facilities or other flammables, distance to fire station, and adequacy of existing firefighting equipment to confront potential fires on the proposed site.

5.

Recreation. Discuss the distance to and type of public facilities to be used by residents of the proposed site and the type of private recreation facilities to be provided on the site.

6.

Schools. Project the increase to the student population for nursery, elementary, junior high school, and high school levels, also indicating present enrollment in the nearest public schools.

e.

Phasing. Describe the following:

1.

Methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation or covering of stockpiles.

2.

Approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure.

3.

Phased construction, if any, of any required public improvements, and how such improvements are to be integrated into site development.

(j)

Procedures.

(1)

PAA regulations. The permit approval authority has adopted rules and regulations entitled "Rules and Regulations of the Chelsea Permit Approval Authority, Chapter 40R," dated June 27, 2006, and approved by the department of housing and community development on (date) (PAA regulations). Such rules and regulations are hereby made part of this chapter and are on file in the office of the city clerk.

(2)

Filing. An applicant for plan approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA regulations with the city clerk and a copy of the application including the date of filing certified by the city clerk shall be filed forthwith with the PAA.

(3)

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials and the expected date of the public hearing for the application to the city council, board of health, building inspector, conservation commission, department of public works, fire department, planning board, and police department. A reviewing board may provide written comments to the PAA prior to the close of the public hearing. Upon written request to the PAA, the reviewing board or department may receive an automatic extension for return of comments, up to a total of 30 days of the date of the receipt of the plan and application for review and comment."

(4)

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in M.G.L. c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the city clerk, within 120 days of the receipt of the application by the city clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the city clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.

(5)

Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application, pursuant to M.G.L. c. 40R, § 11(a). Such fees shall be held by the city in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.

(k)

Decision.

(1)

Waivers. Upon the request of the applicant, the plan approval authority may waive dimensional and other requirements of this section, including the design standards of subsection (g) of this section, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGOD, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section.

(2)

Plan review. An application for plan approval shall be reviewed for consistency with the purpose and intent of this section, and such plan review shall be construed as an as-of-right review and approval process as required by and in accordance with the enabling laws.

(3)

Plan approval. Plan approval shall be granted where the PAA finds that:

a.

The applicant has submitted the required fees and information as set forth in the regulations;

b.

The project and site plan meet the requirements and standards set forth in this section, or a waiver has been granted therefrom; and

c.

Extraordinary adverse potential impacts of the project on nearby properties have been adequately mitigated.

(4)

Plan disapproval. A site plan may be disapproved only where the PAA finds that:

a.

The applicant has not submitted the required fees and information as set forth in the regulations;

b.

The project and site plan do not meet the requirements and standards as set forth in this section, and a waiver has not been granted therefrom; or

c.

It is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

(5)

Form of decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the city clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed, after the decision has been filed in the office of the city clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the city clerk shall so certify on a copy of the decision. If a plan is approved by reason of the PAA failing to timely act, the city clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

(l)

Change in plans after approval by PAA.

(1)

Minor change. After plan approval, an applicant may apply to make minor changes involving minor utility orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at a scheduled meeting without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change in writing and provide a copy to the applicant for filing with the city clerk.

(2)

Major change. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described in subsection (l)(1) of this section, shall be processed by the PAA as a new application for plan approval pursuant to this section.

(m)

As-built plans.

(1)

Filing. As-built plans will be filed with the building inspector within 30 days after completion of construction pursuant to a design certificate.

(Ord. of 6-20-2005, § 8.5)

(a)

Scope and purpose. This section applies to the Floodplain Overlay District (FOD). The purposes of the FOD are to ensure public safety through reducing the threats of life and personal injury; eliminate new hazards to emergency response officials; prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding; avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; eliminate costs associated with the response and cleanup of flooding conditions; and reduce damage to public and private property resulting from flooding waters.

(b)

Floodplain district boundaries and base flood elevation and floodway data. The floodplain district is herein established as an overlay district. The floodplain district includes all special flood hazard areas within the city designated as zone A, AE, AH, AO A99, V, or VE on the county flood insurance rate map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the county FIRM that are wholly or partially within the city are panel numbers 25025C0017J, 25025C0018J, and 25025C0019J dated March 16, 2016. The exact boundaries of the floodplain district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the county flood insurance study (FIS) report dated March 16, 2016. The FIRM and FIS report are incorporated herein by reference and are on file with the city clerk, planning board, building official and conservation commission.

(c)

Base flood elevation and floodway data.

(1)

Floodway data. In zones A, A1-30 and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2)

Base flood elevation data. Base flood elevation data is required for subdivision proposals or other development greater than 50 lots or five acres, whichever is lesser, within unnumbered A zones.

(d)

Notification of watercourse alteration. In a riverine situation, the zoning enforcement officer shall notify the following of any alteration or relocation of a watercourse:

(1)

Adjacent communities.

(2)

National Flood Insurance Program (NFIP) state coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104.

(3)

NFIP program specialist
Federal Emergency Management Agency, Region 1
99 High Street, 6th Floor
Boston, MA 02110.

(e)

Conformance. The Floodplain Overlay District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with M.G.L. c. 131, § 40 and with the following:

(1)

Sections of the state building code (780 CMR) which address floodplain and coastal high hazard areas;

(2)

Wetlands protection regulations, department of environmental protection (DEP) (currently 310 CMR 10.00);

(3)

Inland wetlands restriction, DEP (currently 310 CMR 13.00);

(4)

Coastal wetlands restriction, DEP (currently 310 CMR 12.00);

(5)

Minimum requirements for the subsurface disposal of sanitary sewage, DEP (currently 310 CMR 15.000).

Any variances from the provisions and requirements of the state regulations referenced in this subsection may only be granted in accordance with the required variance procedures of these state regulations.

(f)

Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

(1)

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.;

(2)

Forestry and nursery uses;

(3)

Outdoor recreational uses, including fishing, boating, play areas, etc.;

(4)

Conservation of water, plants, wildlife;

(5)

Wildlife management areas, foot, bicycle, and/or horse paths;

(6)

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises; and

(7)

Buildings lawfully existing prior to the adoption of these provisions.

(g)

General standards. In all areas of special flood hazard, the following standards are required:

(1)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(2)

All new and replacement water supply systems shall be designed to minimize eliminate infiltration of flood waters into the system;

(3)

The placement of mobile homes and mobile home parks and subdivisions is prohibited.

(h)

Specific standards for subdivision proposals. All subdivision proposal shall be reviewed by the planning board prior to granting a sewage disposal construction permit to insure that the following requirements are met:

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(2)

All public utilities and facilities are located and constructed to minimize or eliminate flood damage.

(3)

Adequate drainage is provided to reduce exposure to flood hazards; and

(4)

Base flood elevation shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is lesser).

(i)

Specific standards for floodways. In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply:

(1)

All encroachments, including, but not limited to, fill, new construction, and substantial improvements to existing structures, are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.

(2)

Any encroachment meeting the above standard shall comply with all other floodplain requirements including but not limited to those within the state building code.

(3)

In Zones A1-30 and A3, along watercourses that have a regulatory floodway designated on the Chelsea FIRM or Flood Boundary and Floodway Map 25025C0019J 17, 25025C0019J 18 and 25025C0019J 19, dated March 16, 2016 encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(4)

Existing contour intervals of site and elevations of existing structures must be included on the plan proposal.

(j)

Specific standards for Zone A. Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the board of health and the department of health and the building inspector for its reasonable utilization toward meeting the elevation or flood-proofing requirements, as appropriate, of the state building code.

(k)

Review procedure. Applicants shall file 15 copies of the application and plans with the city clerk. Whenever an application is so filed, the applicant shall also file, within five working days of the filing of the completed application, copies of the application and plans with the board of health, conservation commission, building inspector, department of public works, emergency management, fire, police and planning board for their consideration. Said boards, commissions and departments shall report to the building inspector in accordance with section 34-215(b), or in the case of major site plans to the planning board in accordance with section 34-215(c).

(Ord. of 6-20-2005, § 8.6; Ord. of 3-7-2016)

(a)

Scope and purpose. This section applies to the Residential Planned Overlay District (RPOD). It is the purpose of this section to establish an RPOD to foster a range of housing opportunities and promote compact development of a high quality design, preservation of open space and enhanced pedestrian access to employment and public transportation. Within the RPOD, there shall be established three sub-districts referred to as RPOD-1, RPOD-2, and RPOD-3. Other objectives include:

(1)

Promote the public health, safety and welfare by encouraging diversity of housing opportunities;

(2)

Provide for a production of a range of housing choices to meet housing needs;

(3)

Provide for a mechanism by which residential development can increase the supply and diversity of housing; and

(4)

Established standards to allow for creative site planning and design, compatible with the surrounding neighborhood.

(b)

Applicability. The RPOD provisions shall apply only to buildings, structures, parcels and uses within an approved Residential Planned Development (RPD). All other buildings, structures, lots and uses located within an RPOD, but not the subject of an approved RPD, shall be governed by the applicable regulations of the underlying zoning district. Where provisions of this section conflict or are inconsistent with other provisions of this chapter, the provisions of this section shall govern.

(c)

Special permit. In any RPOD, the zoning board of appeals may grant a special permit in accordance with the procedures provided in section 34-214, and the planning board may issue a site plan approval in accordance with the procedures of section 34-215, subject to the provisions applicable to an RPD set forth in subsection (e) of this section.

(d)

Procedures and filing requirements for RPDs. In addition to the provisions of this section, applicants for a grant of special permit for an RPD shall follow the procedures set forth for in section 34-155(g) applicable to planned developments under section 34-155.

(e)

Special permit criteria and standards for RPDs. A special permit may be granted by the zoning board of appeals for an RPD, subject to the provisions set forth in this subsection and in addition to those criteria set forth in section 34-214, special permits. In addition, an RPD shall be subject to site plan review by the planning board, pursuant to section 34-215, site plan review. In order to be eligible for any approval under this section, an RPD must meet the following criteria:

(1)

Applicability. The RPD parcel shall be located in an RPOD. The requirements of the RPOD shall be applied only to an RPD parcel, which, as defined in section 34-241 is any parcel or assemblage of parcels that are the subject of an RPD special permit.

(2)

Dimensional requirements. The RPD shall comply with the applicable dimensional controls set out in table A in this subsection. Notwithstanding any other provision of this chapter, the bulk and dimensional requirements for an RPD shall be determined by the zoning board of appeals in the special permit process and the zoning board of appeals may grant relief in an RPD special permit from requirements otherwise applicable under the following table A, after a recommendation from the department of planning and development in accordance with the provisions of section 34-155(e):

TABLE A

Notes:

1. Off-street parking requirements shall be determined in compliance with section 34-106.

2. For any building with a residential component, the zoning board of appeals may grant a special permit to allow the height of said building to be increased up to a maximum of 45 feet (four stories) in the RPOD-1 and a maximum of 50 feet (five stories) in the RPOD-2, excluding customary rooftop elements. In the consideration for granting relief in an RPD special permit from requirements otherwise applicable under table A, the Board may consider the site topography and the contextual height (excluding spires, steeples, belfries, and customary rooftop elements) of the tallest existing street side building within 300 feet of the RPD parcel.

_____

(3)

Compatibility with surroundings. The RPD is of a scale, layout and design that is compatible with the character in the surrounding area and that enhances the visual and civic quality of the site and the overall experience for residents and neighbors of the RPD. The RPD is appropriately integrated with the neighborhood in terms of building height, streetscape character, and overall design.

(4)

Housing and open space improvements. The RPD offers well designed housing and open space. Appropriate setbacks as well as buffering and screening are provided; the quality of open space is appropriate for the number of residents.

(5)

Consistency with applicable plans. The RPD is generally consistent with the city's comprehensive plan and applicable neighborhood plans in effect at the time of filing an application for an RPD.

(6)

Pedestrian scale and open space.

a.

The RPD provides building footprints and articulations appropriately scaled to encourage outdoor pedestrian circulation;

b.

The RPD features buildings with appropriately spaced street-level windows, entrances and amenities (e.g., landscaping, benches, pathways);

c.

The RPD allows pedestrian access, appropriately placed, to encourage walking to promote a vibrant street life making connections to the surrounding neighborhood; and

d.

The RPOD utilizes infiltration practices to reduce runoff volume increases.

(f)

Affordable units. In appropriate cases, the special permit granting authority on a recommendation from the department of planning and development may require a set aside of not more than ten percent of the dwelling units for low and moderate income housing.

(g)

Open space. In appropriate cases, the special permit granting authority on a recommendation from the department of planning and development may require the site plan to show parks, suitably located for playground or recreation purposes. Parks shall not be unreasonable in area in relation to the land being developed and to the prospective use of such land.

(h)

Design review and design standards. In addition to the provisions of this section, applicants for a grant of special permit for an RPD shall follow the design review procedures set forth in section 34-155(h) and the design review standards set forth in section 34-155(i), which are applicable to planned developments under section 34-155.

(Ord. of 6-20-2005, § 8.7; Ord. of 6-18-2012, §§ 1, 2; Ord. of 5-4-2015(1), §§ 1, 2)

Editor's note— This section was § 8.6 of the uncodified zoning ordinance before it was renumbered as § 8.7 in the uncodified zoning ordinance.

(a)

Scope and purpose. This section applies to the Central Avenue Smart Growth Overlay District (SGOD). It is the purpose of this section to establish a Central Avenue Smart Growth Overlay District and to encourage smart growth in accordance with the purpose of M.G.L. c. 40R, and to foster a range of housing opportunities that promotes compact design, preservation of open space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby rail access. Other objectives of this section are to:

(1)

Promote the public health, safety and welfare by encouraging diversity of housing opportunities;

(2)

Provide for a full range of housing choices for households of all incomes, ages and sizes in order to meet the goal of preserving municipal character and diversity;

(3)

Increase the production of a range of housing units to meet existing and anticipated housing needs;

(4)

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

(5)

Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting; and

(6)

Establish development standards to allow context-sensitive design and creative site planning.

(b)

Definitions. For purposes of this section 34-186, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the governing laws or this section 34-186(b), or as set forth in the PAA regulations. To the extent that there is any conflict between the definitions set forth in this section 34-186(b), or the PAA regulations and the governing laws, the terms of the governing laws shall govern.

Affordable homeownership unit means an affordable housing unit required to be sold to an eligible household.

Affordable housing means housing that is affordable to and occupied by eligible households. Affordable housing units created within the SGOD meeting the standards set out in 760 CMR 45.03 shall count on the subsidized housing inventory, subject to the approval of the state department of housing and community development (DHCD).

Affordable housing restriction (AHR) means a deed restriction of Affordable Housing meeting statutory requirements in M.G.L. c. 184, § 31 and the requirements of section 34-186(g)(6) of this section.

Affordable rental unit means an affordable housing unit required to be rented to an eligible household.

Applicant means the individual or entity that submits a project for plan approval.

As-of-right means a use allowed under section 34-186(e) without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A project that requires Plan Approval by the PAA pursuant to sections 34-186(j) through 34-186(n) shall be considered an as-of-right project, subject to review and approval by DHCD of any Municipal 40R regulations, guidelines, application forms, or other requirements applicable to review of projects by the plan approval authority under the 40R Zoning and 760 CMR 59.00.

Department or DHCD means the Massachusetts Department of Housing and Community Development, or any successor agency.

Design standards means provisions of section 34-186(n) made applicable to projects within the SGOD that are subject to the Plan Approval process.

Designating official means the department of planning and development.

Eligible household means an individual or household whose annual income is less than or equal to 80 percent of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

Governing laws M.G.L. c. 40R and 760 CMR 59.00.

Mixed-use development project means a project containing a mix of residential uses and nonresidential uses, as allowed in section 34-186(e)(2), and subject to all applicable provisions of this section 34-186.

Monitoring agent or administering agent means the local housing authority or other qualified housing entity designated by the municipality, pursuant to section 34-186(f)(2), to review and implement the affordable housing requirements affecting projects under section 34-186(f).

Multifamily or multifamily dwelling means a dwelling designed to accommodate four or more dwelling units.

PAA regulations means the rules and regulations of the PAA adopted pursuant to section 34-186(j)(3).

Plan approval means standards and procedures which projects in the SGOD must meet pursuant to sections 34-186(j) through 34-186(n) and the governing laws.

Plan approval authority (PAA) means the local approval authority authorized under section 34-186(j)(2) to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the SGOD.

Project or development project means a residential project or mixed-use development project undertaken within the SGOD in accordance with the requirements of this section 34-186.

Residential project means a project that consists solely of residential, parking, and accessory uses, as further defined in section 34-186(e)(1).

SGOD means the Smart Growth Overlay District established in accordance with this section 34-186.

Zoning Ordinance means the zoning ordinance of the City of Chelsea.

(c)

Establishment. The Central Avenue Smart Growth Overlay District, hereinafter referred to as the SGOD, is an overlay district having a land area of approximately 2.83 acres in size that is superimposed over the underlying zoning district and is shown on the zoning map as set forth on the map entitled "Central Avenue Smart Growth Overlay District, April 18, 2017, prepared by VHB." This map is hereby made a part of this chapter and is on file in the office of the city clerk.

(d)

Applicability of SGODs—Scope and authority.

(1)

Applicability of SGODs. An applicant may seek development of a project located within the SGOD in accordance with the provisions of the Governing Laws and this section 34-186, including a request for Plan Approval by the PAA, if necessary. In such case, notwithstanding anything to the contrary in the Zoning Ordinance, such application shall not be subject to any other provisions of the zoning ordinance, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.

(2)

Underlying zoning. The SGOD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the zoning ordinance governing the underlying zoning district(s) shall remain in full force except for those projects undergoing development pursuant to this section 34-186.

Within the boundaries of the SGOD, a developer may elect either to develop a project in accordance with the requirements of the smart growth zoning, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the zoning ordinance governing the underlying zoning district(s).

(3)

Administration, enforcement, and appeals. The provisions of this section 34-186 shall be administered by the building commissioner, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under sections 34-186(j) through 34-186(n) shall be governed by the applicable provisions of M.G. L. c. 40R. Any other request for enforcement or appeal arising under this section 34-186 shall be governed by the applicable provisions of M.G. L. c. 40A.

(e)

Permitted uses. The following uses are permitted as-of-right for projects within the SGOD.

(1)

Residential projects. A residential project within the SGOD may include:

a.

Multifamily residential use(s);

b.

Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking (e.g., parking garages); and

c.

Accessory uses customarily incidental to any of the above permitted uses.

(2)

Mixed-use development projects. A mixed-use development project within the SGOD shall include:

a.

Multifamily residential use(s), provided that the minimum allowable as-of-right density requirements for residential use specified in section 34-186(h) shall apply to the residential portion of any mixed-use development project;

b.

Any of the following nonresidential uses: Bakery, delicatessen, candy, fish including accessory food service; book, stationary, gift, clothing, dry goods, hardware, jewelry, or variety store; convenience store with hours of operation not to exceed 5:00 a.m. to 11:00 p.m.; restaurant, including service of alcoholic beverages; professional, business and governmental offices; bank, financial agency; personal service establishment.

c.

Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking (e.g., parking garages); and

d.

Accessory uses customarily incidental to any of the above permitted uses.

e.

The total gross floor area devoted to nonresidential uses within a mixed-use development project shall not exceed 15 percent of the total gross floor area of the project.

(f)

Housing and housing affordability.

(1)

Number of affordable housing units. For all projects containing at least ten residential units, not less than 20 percent of housing units constructed shall be affordable housing. The PAA may approve individual projects of fewer than ten units within the SGOD which have less than 20 percent affordable housing units, provided that the total number of affordable housing units in the SGOD shall not be less than 20 percent of the total number of approved housing units in the SGOD. For purposes of calculating the number of units of affordable housing required within a project, any fractional unit shall be deemed to constitute a whole unit. A project shall not be segmented to evade the affordability threshold set forth above.

(2)

Monitoring agent. A monitoring agent which may be the local housing authority or other qualified housing entity shall be designated by the department of planning and development (the "designating official"). In a case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by DHCD such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official. In any event, such monitoring agent shall ensure the following, both prior to issuance of a building permit for a project within the SGOD, and on a continuing basis thereafter, as the case may be:

a.

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;

b.

Income eligibility of households applying for Affordable Housing is properly and reliably determined;

c.

The housing marketing and resident selection plan conform to all requirements, have been approved by DHCD specifically with regard to conformance with M.G.L. c. 40R and 760 CMR 59.00, and are properly administered

d.

Marketing plan. Prior to granting plan approval for housing within the SGOD, an applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. No less than ten percent of the residential units within a project shall be three bedroom units and notwithstanding anything to the contrary in this section, this requirement shall not be reduced. These documents in combination, to be submitted with a site plan application shall include details about construction related to the provision, within the development, of units that are accessible to the disabled. Such housing marketing and resident selection plan is subject to DHCD approval.

e.

sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and

f.

Affordable housing restrictions meeting the requirements of this section are approved by DHCD specifically with regard to conformance with M.G.L. c.40R and 760 CMR. 59.00, recorded with the proper registry of deeds.

(3)

Submission requirements. As part of any application for plan approval for a project within the SGOD submitted under sections 34-186(j) through (n), the applicant must submit the following documents to the PAA and the monitoring agent:

a.

Evidence that the project complies with the cost and eligibility requirements of section 34-186(g):

b.

Project plans that demonstrate compliance with the requirements of section 34-186(f); and

c.

A form of affordable housing restriction that satisfies the requirements of section 34-186(g)(6).

(4)

Submission contents. A site plan application for plan approval shall show each of the following for the entire site, whether or not the development project is to be phased, unless items are waived, in writing, by the director of planning and development:

a.

Location map at 600 feet per inch.

b.

Survey of lot indicating property boundaries, metes and bounds, existing structures, locations of all easements, rights-of-way, grades at intervals of three feet, utilities, the owners of the property and adjacent lot owners.

c.

Photographs eight inches by ten inches of sufficient quality and detail to indicate the environmental features of the site, including, but not limited to, topography, views of the Boston skyline, adjacent or nearby open space and adjacent structures and/or uses of land.

d.

Schematic design plans including:

1.

A site plan which accurately locates all existing and proposed buildings and structures with their proposed uses, as well as gross and usable floor areas, parking areas, driveways, driveway openings, service areas, usable open space, landscaped areas and the proposed treatment thereof (including fences, walls, planting areas and walks), all facilities for storm drainage, sewerage, refuse, other waste disposal and other utility systems.

2.

A ground floor plan indicating major dimensions, gross and net floor area, proposed uses of interior areas in appropriate scale, access points for pedestrian and service areas.

3.

Typical floor plan indicating major dimensions, gross and net floor area, proposed uses and vertical circulation for upper level floors.

4.

All data required to enable the PAA to determine the amount and frequency of traffic volumes generated and the extent of compliance with off-street parking and loading requirements.

5.

A sign plan indicating location, size, illumination and design of all signs on the site.

6.

Elevations defining heights, proposed entrances, fenestration, signage, all materials, finishes, colors and features of the entire project.

7.

Documentation of the project's compliance with the requirement that 20 percent of the units in the project are affordable.

8.

Documentation of the project's ability to accommodate a range of ages and family sizes.

9.

A plan for thesing of the development project and the reasonable time of completion of each phase.

10.

A circulation plan showing the street system and circulation patterns within and adjacent to the proposed development project including any special engineering features, such as, but not limited to, median strips, overpasses and underpasses and major pedestrian paths.

11.

At the discretion of the PAA, the submittal of a development impact statement (DIS) may be required. The DIS shall be prepared by an interdisciplinary team including a registered landscape architect or architect, a registered professional or civil engineer, and a registered surveyor and shall include:

e.

Physical environment.

1.

Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geological, archaeological, scenic and historical features or structures, location of significant viewpoint, stone walls, trees over 16 inches in diameter, trails and open space links, and indigenous wildlife.

2.

Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.

f.

Surface water and subsurface conditions.

1.

Describe the location, extent and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site.

2.

Describe any proposed alterations of shorelines, marshes or seasonal wet areas.

3.

Describe any limitations imposed on the project by the site's soil and water conditions.

4.

Describe the impact upon groundwater and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer and other activities within the site.

g.

Circulation systems. Project the number of motor vehicles to enter or depart the site per average day and peak hour and state the number of motor vehicles to use streets adjacent to the site per average day and peak hour. Such data shall be sufficient to enable the PAA to evaluate:

1.

Existing traffic on streets adjacent to or approaching the site;

2.

Traffic generated or resulting from the site; and

3.

The impact of such additional traffic on all ways within and providing access to the site, as determined in accordance with standard traffic and transportation planning methodologies. Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS.

h.

Support systems.

1.

Water distribution. Discuss the types of wells or water system proposed for the site, means of providing water for firefighting and any problems unique to the site.

2.

Sewage disposal. Discuss the type of on-site or sewer system to be used, suitability of soils, procedures and results of percolation tests and evaluate impact of disposal methods on surface water and groundwater.

3.

Refuse disposal. Discuss the location and type of facilities, the impact on existing city refuse disposal capacity, hazardous materials requiring special precautions.

4.

Fire protection. Discuss the type, location, and capacity of fuel storage facilities or other flammables, distance to fire station, and adequacy of existing firefighting equipment to confront potential fires on the proposed site.

5.

Recreation. Discuss the distance to and type of public facilities to be used by residents of the proposed site and the type of private recreation facilities to be provided on the site.

i.

Phasing. Describe the following:

1.

Methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation or covering of stockpiles.

2.

Approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure.

3.

Phased construction, if any, of any required public improvements, and how such improvements are to be integrated into site development.

(g)

Cost and eligibility requirements. Affordable housing shall comply with the following requirements:

(1)

Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

(2)

For an affordable rental unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.

(3)

For an affordable homeownership unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one.

(4)

Prior to the granting of any building permit for a project, the applicant must demonstrate, to the satisfaction of the monitoring agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the City of Chelsea.

(5)

Design and construction. Units of affordable housing shall be finished housing units. With respect to the minimum required number for a given project, units of affordable housing shall be equitably integrated and proportionately dispersed throughout the residential portion of the project of which they are part, across all residential buildings, floors and unit types in accordance with the affordable housing restriction and marketing and tenant selection plan approved by DHCD and be comparable in initial construction quality, size and exterior design to the other housing units in the project. Unless expressly required otherwise under one or more applicable state or federal housing subsidy programs, the bedroom-per-unit average for the Affordable Housing must be equal to or greater than the bedroom-per-unit average for the unrestricted/market-rate units. The total number of bedrooms in the Affordable Housing shall be at least proportionate to the total number of bedrooms in all the units in the project of which the Affordable housing is part, provided that at least ten percent of the three-bedroom units within the project shall be affordable housing

(6)

Affordable housing restriction. Each project shall be subject to an affordable housing restriction which is recorded with the appropriate registry of deeds or district registry of the land court and which contains the following:

a.

Specification of the term of the affordable housing restriction which shall be no less than 30 years;

b.

The name and address of the monitoring agent with a designation of its power to monitor and enforce the affordable housing restriction;

c.

A description of the affordable homeownership unit, if any, by address and number of bedrooms; and a description of the overall quantity, initial unit designations and number of bedrooms and number of bedroom types of affordable rental units in a project or portion of a project which are rental. Such restriction shall apply individually to the specifically identified affordable homeownership unit and shall apply to a percentage of rental units of a rental project or the rental portion of a project with the initially designated affordable rental units identified in, and able to float subject to specific approval by DHCD in accordance with, the corresponding Affirmative Fair Housing Marketing Plan (AFHMP) and DHCD's AFHMP guidelines

d.

Reference to an affirmative fair housing marketing and resident selection plan, to which the affordable housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. Such plan shall be consistent with DHCD guidance and approved by DHCD. Consistent with DHCD guidance, such plan shall include a preference based on need for the number of bedrooms in a unit and a preference based on need for the accessibility features of a unit where applicable, and may only provide for additional preferences in resident selection to the extent such preferences are also consistent with applicable law and approved by DHCD.

e.

A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan;

f.

Reference to the formula pursuant to which rent of an affordable rental unit or the maximum resale price of an affordable homeownership unit will be set;

g.

A requirement that only an eligible household may reside in affordable housing and that notice of any lease of any affordable rental unit shall be given to the monitoring agent;

h.

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the monitoring agent;

i.

Provision that the AHR on an affordable homeownership unit shall run in favor of the monitoring agent and/or the municipality, in a form approved by municipal counsel, and shall limit initial sale and re-sale to and occupancy by an eligible household;

j.

Provision that the AHR on affordable rental units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the monitoring agent and/or the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an eligible household;

k.

Provision that the owner(s) or manager(s) of affordable rental unit(s) shall file an annual report to the monitoring agent, in a form specified by that agent certifying compliance with the affordability provisions of this section and containing such other information as may be reasonably requested in order to ensure affordability; and

l.

A requirement that residents in affordable housing provide such information as the monitoring agent may reasonably request in order to ensure affordability.

(7)

Costs of housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the project applicant or owner of reasonable costs to the monitoring agent to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed one-half percent of the amount of rents of affordable rental units (payable annually) or one percent of the sale or resale prices of affordable homeownership units (payable upon each such sale or resale), as applicable

(8)

Age restrictions. Nothing in this section 34-186 shall permit the imposition of restrictions on age upon projects unless proposed or agreed to voluntarily by the applicant. However, the PAA may, in its review of a submission under section 34-186(f)(3), allow a specific project within the SGOD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25 percent of the housing units in such a restricted project shall be restricted as affordable units.

(9)

Phasing. For any project that is approved and developed in phases in accordance with section 34-186(l)(4), the percentage of affordable units in each phase shall be at least equal to the minimum percentage of affordable housing required under section 34-186(f)(1). Where the PAA and DHCD have expressly granted written approval for the percentage of affordable housing to be other than uniform across all phases, the unit dispersal and bedroom proportionality requirements under section 34-186(g)(5) shall be applied proportionate to the affordable housing provided for in each respective phase

(10)

No waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this section 34-186(g) shall not be waived unless expressly approved in writing by DHCD.

(h)

Dimensional and density requirements.

(1)

Table of requirements. Notwithstanding anything to the contrary in this zoning ordinance, the dimensional requirements applicable in the SGOD are as follows:

(2)

Dimensional and density requirement.

a.

All projects are subject to site plan/design review as detailed in subsection (h) of this section.

b.

The dimensional requirements applicable in the SGOD are as follows:

(i)

Parking requirements. The parking requirements applicable for projects within the SGOD are as follows.

(1)

Number of parking spaces. Unless otherwise approved by the PAA,

a.

A minimum of 0.50 and a maximum of 0.75 off-street parking spaces shall be provided for each residential unit, inclusive of the parking spaces within any garages.

b.

For nonresidential uses, off-street parking shall be in conformance with section 34-283 of the Chelsea zoning ordinances.

(2)

Layout. The minimums are as follows:

a.

Setback requirement from all property lines is five feet;

b.

Aisle width is 21 feet;

c.

Individual space dimensions are 8.5 feet by 18 feet.

d.

Subcompact spaces may be provided, but cannot be used to meet the minimum number of spaces required.

(3)

Interpretation of parking table.

a.

Unless otherwise approved by the PAA, a minimum of 0.50 and a maximum of 0.75 off-street parking spaces shall be provided for each residential unit, inclusive of parking spaces within garages. The PAA may allow for additional visitor parking spaces beyond the 0.75 maximum spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in the required parking as provided in 34-186(i)(3)c. of this section.

b.

Shared Parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted in 34-186(i)(1) of this section, above that occur at different times of day is strongly encouraged. Minimum parking requirements above, in 34-186(i)(1) of this section, may be reduced by the PAA through the plan approval process, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).

c.

Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced upon a demonstration to the reasonable satisfaction of the PAA that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

1.

The availability of surplus off-street parking in the vicinity of the use being served and/or the proximity of a bus or an MBTA transit station;

2.

The availability of public or commercial parking facilities in the vicinity of the use being served;

3.

Shared use of off-street parking spaces serving other uses having peak user demands at different times;

4.

Age or other occupancy restrictions which are likely to result in a lower level of auto usage;

5.

Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and

6.

Such other factors as may be considered by the PAA.

d.

The PAA may allow for additional visitor parking spaces beyond the 0.75 maximum spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in the required parking as provided in sections 34-186(i)(4) below.

(4)

Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the Plan Approval process, if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

a.

The availability of surplus off -street parking in the vicinity of the use being served and/or the proximity of a bus stop or transit station;

b.

The availability of public or commercial parking facilities in the vicinity of the use being served;

c.

Shared use of off-street parking spaces serving other uses having peak user demands at different times;

d.

Age or other occupancy restrictions which are likely to result in a lower level of auto usage;

e.

Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and

f.

Such other factors as may be considered by the PAA.

(5)

Location of parking. Any surface parking lot shall, to the maximum extent feasible, be located at the rear or side of a building, relative to any principal street, public open space, or pedestrian way.

(j)

Plan approval of projects: general provisions.

(1)

An application for plan approval shall be reviewed by the PAA for consistency with the purpose and intent of sections 34-186(g) through (n). Such plan approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the governing laws. The following categories of projects shall be subject to the plan approval process:

a.

Any residential project;

b.

Any mixed-use development project;

(2)

Plan approval authority (PAA). The Zoning Board of Appeals, consistent with M.G.L. c. 40R and 760 CMR 59.00, shall be the plan approval authority (the "PAA"), and it is authorized to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions for projects proposed within the SGOD.

(3)

PAA regulations. The plan approval authority may adopt administrative rules and regulations relative to plan approval. Such rules and regulations and any amendments thereof must be approved by the department of housing and community development.

(4)

Project phasing. An applicant may propose, in a plan approval submission, that a project be developed in phases, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of section 34-186(l)(4).

(k)

Plan approval procedure.

(1)

Preapplication. Prior to the submittal of a plan approval submission, a "concept plan" may be submitted to help guide the development of the definitive site plan project buildout and individual elements thereof. Such concept plan should reflect the following:

a.

Overall building envelope areas;

b.

Open space and natural resource areas; and

c.

General site improvements, groupings of buildings, and proposed land uses.

The concept plan is intended to be used as a tool for both the applicant and the PAA to ensure that the proposed project design will be consistent with the design standards and other requirements of the SGOD.

(2)

Required submittals. An application for plan approval shall be submitted to the PAA on the form provided by the PAA and approved by DHCD, along with application fee(s) which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any project that is subject to the affordability requirements of section 34-186(f), the application shall be accompanied by all materials required under section 34-186(f)(3) and (f)(4). All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a scale as approved in advance by the PAA.

(3)

Filing. An applicant for plan approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA Regulations with the city clerk and a copy of the application including the date of filing certified by the city clerk shall be filed forthwith with the PAA.

(4)

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials and the expected date of the public hearing for the application to the city council, board of appeals, board of health, conservation commission, fire department, police department, building commissioner, department of public works, the monitoring agent (for any project subject to the affordability requirements of section 34-186(f), and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 30 days of its receipt of a copy of the plan and application for approval. A reviewing board may provide written comments to the PAA prior to the close of the public hearing.

(5)

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in M.G.L. c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the city clerk, within 120 days of the receipt of the application by the city clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the city clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan approval application and the site plan.

(6)

Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application, pursuant to M.G.L. c. 40R, § 11(a). Such fees shall be held by the city in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.

(l)

Plan approval decisions.

(1)

Plan approval. Plan approval shall be granted where the PAA finds that:

a.

The applicant has submitted the required fees and information as set forth in the PAA Regulations; and

b.

The project and site plan as described in the application meets all of the requirements and standards set forth in this section 34-186 and the PAA Regulations, or a waiver has been granted therefrom; and

c.

Any extraordinary adverse potential impacts of the project on nearby properties have been adequately mitigated.

For a project subject to the affordability requirements of section 134-186(f), compliance with condition section 34-186(l)(1)(b) above shall include written confirmation by the monitoring agent that all requirements of that section have been satisfied. The PAA may attach conditions to the plan approval decision that are necessary to ensure substantial compliance with this section 34-186, or to mitigate any extraordinary adverse potential impacts of the project on nearby properties.

(2)

Plan disapproval. A plan approval application may be disapproved only where the PAA finds that:

a.

The applicant has not submitted the required fees and information as set forth in the regulations; or

b.

The project as described in the application does not meet all of the requirements and standards set forth in this section 34-186 and the PAA regulations, or that a requested waiver therefrom has not been granted; or

c.

it is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

(3)

Waivers. Upon the request of the applicant and subject to compliance with M.G.L. c. 40R, 760 CMR 59.00 and section 34-186(g)(10), the Plan Approval Authority or its designee may waive dimensional and other requirements of section 34-186, including the Design Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGOD, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section 34-186.

(4)

Project phasing. The PAA, as a condition of any plan approval, may allow a project to be phased at the request of the applicant, or it may require a project to be phased for the purpose of coordinating its development with the construction of planned infrastructure improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, unless otherwise explicitly approved in writing by the department in relation to the specific project, the proportion of affordable units in each phase shall be at least equal to the minimum percentage of affordable housing required under section 34-186(f)(1).

(5)

Form of decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the city clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the city clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the city clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the city clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

(6)

Validity of decision. A plan approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the project proponent is actively pursuing other required permits for the project or there is other good cause for the failure to commence construction, or as may be provided in a plan approval for a multi-phase project.

(m)

Change in plans after approval by PAA.

(1)

Minor change. After plan approval, an applicant may apply to make minor changes in a project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the city clerk.

(2)

Major change. Those changes deemed by the PAA to constitute a major change in a project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new or amended application for plan approval pursuant to sections 34-186(j) through (n).

(n)

Design standards—General.

(1)

Adoption of design standards. Any project undergoing the plan approval process shall be subject to design standards as set forth below in this section 34-186(n) ("Design standards").

(2)

Purpose. The design standards are adopted to ensure that the physical character of projects within the SGOD:

a.

Will be complementary to nearby buildings and structures;

b.

Will be consistent with the comprehensive housing plan, an applicable master plan, an area specific plan, or any other plan document adopted by the city; and

c.

Will provide for high-density quality development consistent with the character of building types, streetscapes, and other community features traditionally found in densely settled areas of the city or in the region of the city.

(3)

Design standards.

a.

Site design and building orientation.

1.

Buildings and landscape elements should be sited to reinforce the street edge by aligning building faces and taller vertical landscape elements along the setback line. The setback should be generous enough to allow for tree plantings but shallow enough that the buildings help create a coherent street wall that will inform future patterns of development.

2.

Required open space should be sited such that it is visually accessible from the street, thereby creating a visual amenity for the community, where possible.

3.

In order to strengthen and define street form, corner buildings should align to both street frontages.

4.

Parking areas should be located within buildings to the extent possible. Any surface parking should be located behind or to the side of buildings and should be screened from the sidewalk and street by decorative fencing or landscaping.

Garage entries facing streets should have doors designed to be compatible with a pedestrian scale and aesthetic, characterized by windows, panels or other articulations.

5.

All curb cuts should be designed so that driveways slope up from the street to the level of the sidewalk to promote a safer pedestrian environment. Curb cuts should not be designed so that the drive is set at the street elevation. Sidewalks are meant for safe passage of pedestrians. Curb cuts set at the street elevation not only require pedestrians to step down at every cut, but also promote vehicles entering and exiting the drive at faster speeds than those that would be used if the sidewalk were designed so that the pedestrian had the right-of-way.

b.

Building character and architectural design.

1.

Building heights should be tallest east of Willow Street, and should step down in building height from Willow Street west toward Highland Street.

2.

To support the pedestrian scale of the district and reflect the pattern and character of the surrounding neighborhood, new buildings should include articulations such as cornices, bay windows, shadow lines, or other design elements that add interest and dimension to the building facades. Vertical and horizontal articulation of building facades should be used to reflect the neighborhood scale, minimize the apparent mass of buildings by reducing the perception of distance/length, provide structure to the arrangement of fenestration, enhance pedestrian orientation, and add visual interest to the public realm.

3.

Buildings should have the primary entrance oriented to the street on which the building fronts.

4.

Windows should be individual punched openings in the facade, rather than band windows.

5.

Materials:

i.

The palette of wall materials and colors used for a building should be kept to a minimum, preferably three. Similar wall materials as found on adjacent or nearby buildings should be used to strengthen district character and provide continuity and unity between buildings of divergent size, scale, and architectural styles.

ii.

Acceptable wall materials include horizontal or vertical board siding (composite materials, wood,), brick, and heavy gage metal panel. High quality, durable, low maintenance wall materials should be used where pedestrians closely encounter and interact with buildings.

6.

Exterior insulation and finish systems (EIFS) should never be used.

i.

Wall materials appearing visually heavier in weight should be used below wall materials appearing visually lighter in weight.

ii.

If a building's massing and pattern of fenestration is complex, simple or flat wall materials should be used. If a building's massing and pattern of fenestration is simple, walls should include additional texture and surface relief.

iii.

Side and rear building elevations that are visible from the public realm should have a level of trim and finish that is compatible with the primary facade of the building.

iv.

Balconies should have metal railing guardrail systems.

7.

Building tops should be shaped with attention to their view against the sky and to adjacent structures. Mechanical penthouses and other projections or roof elements that are visible from the street should be architecturally integrated with the overall building design.

8.

In order to enhance security, interior living spaces, wherever possible, should be oriented so that windows give visual access to either the street or any on-site open spaces.

c.

Streetscape and landscape design.

1.

Where space allows, sidewalks should be ten feet from curb to back of sidewalk. Sidewalk width should transition to match adjacent parcels, but never less than a minimum width of five feet.

2.

Street trees should be planted curbside in a continuous four-foot tree lawn or individual four-foot tree pits in the sidewalk. These should be at least three feet deep and provide adequate uncompacted soil for healthy root growth. Where sidewalks are less than eight feet, street trees or other landscaping should be planted in the front setback to create a greener street edge.

3.

Landscaping should be planted at a sufficient density to make an immediate impact on the pedestrian environment. Trees should be at least three inches in caliper when planted and should be pruned or "limbed up" to a height of at least eight feet.

4.

In order to promote a sustainable and natural landscape environment, plant materials should be limited to native and noninvasive species.

5.

Ground level open spaces created in the district should be physically and visually accessible from the sidewalk. Open space design should incorporate crime prevention through environmental design (CPTED) techniques to enhance safety and universal design to accommodate all users.

6.

In order to visually screen any surface parking, trash collection areas, outdoor storage areas, and utility equipment from the street without reducing visual access and security:

i.

Except to allow egress to the property at driveways and walkways, where possible, these areas should be screened from the street by continuous planting strips a minimum of five feet deep and planted at a density sufficient to create a continuous screen, with plantings at least 30 inches but no more than four feet tall.

ii.

As an alternative to planted screens or in addition to them, continuous fencing may be installed on the street side of the planting strip. Fencing should be a good quality opaque material fence to adequately screen the area aligning with architectural elements of the adjacent building facade.

iii.

Trees may be planted within planting strips provided they do not disrupt the continuity of the required screening, and that limbs are removed below a height of eight feet.

(o)

Severability.

(1)

If any provision of this section 34-186 is found to be invalid by a court of competent jurisdiction, the remainder of section 34-186 shall not be affected but shall remain in full force. The invalidity of any provision of this section 34-186 shall not affect the validity of the remainder of the city's zoning ordinance.

(Ord. No. 3-11-2019(11))

(a)

Scope and purpose. This section applies to the Mixed Use Overlay District (MUOD). It is the purpose of this section to establish a MUOD to foster and promote increased multifamily housing development adjacent to the new Chelsea Commuter Rail Station and the terminus of the Silver Line. Other objectives include:

(1)

Promote public health, safety, and welfare by encouraging diversity of housing opportunities.

(2)

Allow for the development of mixed-use retail and residential by right.

(3)

Encourage redevelopment of underutilized parcels within an urban renewal area.

(4)

Provide a mechanism to increase housing and promote additional affordability through density bonuses.

(5)

Provide parking ratios that are appropriate for transit-oriented development.

(6)

Encourage the creation of open space that is accessible to the public.

(b)

Extent of district. The district shall be bounded by Everett Avenue to the northeast, the Everett City line to the northwest, and MBTA railroad right-of-way to the south.

(c)

Required minimum acreage. The provisions of this district are applicable to contiguous parcels under common ownership of one acre or more.

(d)

Underlying uses. Any use allowed within the underlying district will continue to be allowed.

(e)

Additional uses. Mixed-use development or redevelopment with residential housing units above one or more floors of commercial and/or retail is allowed by-right to a maximum density of 50 units per acre. Where appropriate, the zoning board of appeals may issue a special permit to allow for noncommercial and/or non-retail use of the first floor.

(f)

Bonus density. Additional density is allowed with the provision of additional affordable housing units above the requirements of section 34-156. Bonus density shall be granted at a rate of ten additional units per acre for each five percent increase in the number of affordable housing units provided in a project, to a maximum density of 70 units per acre. Floor area ratios shall not apply.

(g)

Building height. Buildings shall be no less than four stories and not more than 100 feet in height.

(h)

Parking minimums. Minimum parking within the MUOD will be set at 1.0 space per unit. Where parking spaces are not assigned to specific users, retail and commercial parking requirements may be met by sharing residential spaces.

(i)

Open space. Twenty percent of the project area shall be open space. The amount of required open space may be reduced by one square foot for each square foot of open space that is accessible to the general public. Access roads shall not be counted as open space.

(j)

Design review. Projects developed under this section are subject to the site plan review provisions of section 34-215.

(Ord. of 3-8-2021(4))

(a)

Scope and purpose. This section applies to the transit community overlay district (TCOD). The purpose of this section is to establish a district that provides for multifamily development in the vicinity of the Chelsea Commuter Rail Station and the terminus of the silver line. In addition, this section is intended to address the following objectives:

(1)

Comply with G.L. c. 40A, section 3A, the MBTA communities law.

(2)

Promote public health, safety, and welfare by encouraging diversity of housing opportunities.

(3)

Allow for the development of mixed-use retail and residential by right.

(4)

Encourage redevelopment of underutilized parcels within an urban renewal area and adjacent and nearby parcels.

(5)

Provide a mechanism to increase housing and promote additional affordability through density bonuses.

(6)

Provide parking ratios that are appropriate for transit-oriented development.

(7)

Encourage the creation of open space that is accessible to the public.

(8)

Encourage redevelopment of underutilized parcels within and adjacent to an urban renewal area;

(b)

Density and dimensional requirements. The following density and dimensional regulations shall apply to development in the TCOD.

(c)

Height exceptions. The zoning board of appeals may waive the height and setbacks in subsection (b) above to provide for renewable energy resources such as solar photovoltaic, solar thermal, energy storage, or air- or ground-source heat pump equipment, provided the installation does not impose a detrimental noise or shadow impact on neighboring residential properties. No installation of renewable energy sources shall provide additional habitable space within the development.

(d)

Permitted principal uses. The following uses shall be permitted in the TCOD:

(1)

Multifamily dwelling at a minimum density of 15 units per acre and a maximum density of 40 units per acre.

(2)

Day care facilities and ground-floor retail establishments.

(e)

Affordable housing. In the TCOD, any development of ten or more units shall provide ten percent of the units as affordable to households with incomes at or below 80 percent of area median income (AMI), adjusted for household size, for the Boston metropolitan area, as determined by the U.S. Department of Housing and Urban Development (HUD). For purposes of calculating the number of affordable units, a fractional unit shall be rounded down to the next whole number if a proportional payment is made to the affordable housing trust fund as provided in section 34-156(f).

(f)

Special incentives. The permit granting authority may grant a special permit for any of the following in the TCOD:

(1)

For development along a major street frontage, when the ground floor facing the street is used for retail, food service establishments, child care facilities, or business or professional offices, the maximum residential density may be increased to 45 units per acre, the minimum land area per unit may be reduced to 0 sq. ft., and the maximum building height may be increased to 10 stories.

(2)

For development that provides affordable housing in conformance with sec. 34-156, the maximum residential density may be increased to 85 units per acre, the minimum land area per unit may be reduced to 0 sq. ft., and the maximum building height may be increased to 10 stories, provided that at least 65 percent of total units shall be suitable for families.

(g)

Parking.

(1)

Shared off-street parking shall be provided at one vehicular space per unit and one bicycle parking space per unit. When the required number of bicycle spaces is 15 or more, they shall be located within the building. When bicycle spaces are outside of a building, they shall be covered.

(2)

No off-street parking shall be required for nonresidential uses.

(h)

Development standards.

(1)

Entries. Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.

(2)

Building connections. A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.

(3)

Multiple buildings. For a development with multiple buildings on a lot, the buildings should be oriented to reinforce the relationships among them.

(4)

Common open space. Multifamily housing shall have common open space accessible to all residents of the building. All outdoor space shall count toward the minimum open space requirement in subsection (b) above. The common outdoor space may be located in a courtyard, rooftop, or terrace, or any combination thereof.

(5)

Connectivity. Sidewalks shall provide a direct connection between building entrances, the public sidewalk, bicycle storage, and parking.

(6)

Mechanicals. Rooftop mechanical equipment shall be screened if visible from a public way.

(7)

Dumpsters or other trash and recycling collection points shall whenever possible be located within the building. Exterior dumpsters shall be screened by fencing or plantings.

(i)

Approval process. Projects developed as of right under this section are subject to the site plan review provisions of section 34-215 and design review under section 34-216. Special permits shall be subject to section 34-214.

(Ord. of 12-21-2023(2), Amend. No. 2; Ord. of 09-09-2024(1))